Bill C-20

2nd Session, 39th Parliament,

56 Elizabeth II, 2007

house of commons of canada

BILL C-20

An Act to provide for consultations with electors on their preferences for appointments to the Senate

WHEREAS it is important that Canada’s representative institutions, including the Senate, continue to evolve in accordance with the principles of modern democracy and the expectations of Canadians;

WHEREAS the Government of Canada has undertaken to explore means to enable the Senate better to reflect the democratic values of Canadians and respond to the needs of Canada’s regions;

WHEREAS the Government of Canada is committed to pursuing comprehensive Senate reform to make the Senate an effective, independent and democratically elected body that equitably represents all regions;

WHEREAS the Government of Canada has undertaken — pending the pursuit of a constitutional amendment under subsection 38(1) of the Constitution Act, 1982 to provide for a means of direct election — to create a method for ascertaining the preferences of electors in a province on appointments to the Senate within the existing process of summoning senators;

WHEREAS Parliament wishes to maintain the essential characteristics of the Senate within Canada’s parliamentary democracy as a chamber of independent, sober second thought;

AND WHEREAS the power to summon Canadians to the Senate from time to time in the Queen’s name is vested in the Governor General;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Senate Appointment Consultations Act.

INTERPRETATION

2. (1) The following definitions apply in this Act.

“close of nominations” means the time specified by section 23 for the filing of the documents and deposit referred to in subsection 21(1).

“closing day for nominations” means the day referred to in section 22.

“consultation documents” means

(a) the nomination papers filed by the nominees;

(b) undistributed blank ballot papers;

(c) ballot papers cast into the ballot box and any unused, spoiled or rejected ballot papers; and

(d) any other documents specified by the Chief Electoral Officer that are used or produced in the processing of ballots or the counting of votes under Part 5.

“consultation officer” means a person appointed as such under section 6.

“consultation period” means the period beginning with the making of an order under subsection 12(1) or 13(1) and ending on polling day.

“local representative” means a person designated as such by a nominee for the receipt of documents referred to in subsection 17(4) and section 31.

“Minister” means the member of the Queen’s Privy Council for Canada designated for the purposes of the Canada Elections Act.

“nominee” means a person whose nomination has been confirmed under subsection 24(1).

“official agent” means a person appointed as such by a nominee under subsection 34(1).

“political affiliation”, in respect of a nominee, means either the name of the political party that has endorsed the nominee or the word “independent”, as the case may be, as included in the nominee’s nomination paper in accordance with subparagraph 19(1)(a)(v).

“polling day”, in relation to a consultation, means the date fixed for voting under paragraph 12(2)(c) or 13(4)(c).

“prescribed”, in relation to a form or an oath, means one that is authorized by the Chief Electoral Officer.

“volunteer labour” means any service provided free of charge by a person outside their working hours.

(2) Words and expressions used in this Act have the same meaning as in the Canada Elections Act unless a contrary intention appears.

(3) A reference to a time of day in this Act is a reference to local time.

PART 1

ADMINISTRATION

3. The Chief Electoral Officer shall

(a) exercise general direction and supervision over the conduct of consultations;

(b) ensure that all consultation officers act with fairness and impartiality and in compliance with this Act;

(c) issue to consultation officers any instructions that the Chief Electoral Officer considers necessary for the administration of this Act; and

(d) exercise the powers and perform the duties that are necessary for the administration of this Act.

4. If an emergency, an unusual or unforeseen circumstance or an error makes it necessary, the Chief Electoral Officer may adapt any provision of this Act during a consultation period and during the period of 30 days following it.

5. The Chief Electoral Officer may implement public education and information programs in order to make the consultation process better known to the public and provide the public with information relating to the process.

6. (1) The Chief Electoral Officer may appoint consultation officers and staff that he or she considers necessary for the purposes of this Act.

(2) Consultation officers and staff referred to in subsection (1)

(a) shall be appointed in the prescribed form;

(b) shall take the prescribed oath; and

(c) shall be discharged as soon as their services are no longer needed.

(3) Consultation officers referred to in subsection (1) shall perform their functions in accordance with directions issued by the Chief Electoral Officer for the holding of the consultation.

7. (1) On the recommendation of the Chief Electoral Officer, the Governor in Council may issue a tariff fixing or providing for the determination of fees, costs, allowances and expenses to be paid and allowed to consultation officers and staff appointed under section 6.

(2) The Governor in Council may specify that a tariff made under subsection (1) has effect as of a day before the day on which it is issued.

8. A consultation officer

(a) is responsible for all consultation materials that are in his or her possession; and

(b) shall take every precaution for their safekeeping and to prevent any person from having unlawful access to them.

9. Section 540, except subsection 540(2), and sections 543 and 546 to 549 of the Canada Elections Act apply, with any adaptations that may be required, in respect of a consultation.

10. (1) The Chief Electoral Officer shall establish a system of electronic data entry and processing for purposes of the application of sections 52 to 56.

(2) As soon as the system referred to in subsection (1) is established, the Chief Electoral Officer shall publish a notice to that effect in the Canada Gazette.

11. The following shall be paid out of unappropriated moneys forming part of the Consolidated Revenue Fund:

(a) the remuneration paid to a person employed under section 6;

(b) any fees, costs, allowances or expenses referred to in section 7;

(c) any other expenses borne by the Chief Electoral Officer in the performance of duties under this Act; and

(d) on the certificate of the Chief Electoral Officer, any expenses incurred by the Commissioner of Canada Elections under section 110.

PART 2

CONDUCT OF A CONSULTATION

Order for Consultation

12. (1) On issuing a proclamation referred to in section 57 of the Canada Elections Act for the holding of a general election, the Governor in Council may order the consultation of the electors of one or more provinces in relation to the appointment of senators to represent those provinces.

(2) An order for the consultation of electors shall

(a) specify, for each province specified in the order, the number of places in the Senate in respect of which electors are to be consulted;

(b) direct the Chief Electoral Officer to carry out a consultation in each province specified in the order; and

(c) fix the date for voting, which shall be the same as that for voting in the general election.

13. (1) The Governor in Council may order the consultation of the electors of a province in relation to the appointment of senators to represent that province in conjunction with a general election of members of the provincial legislature.

(2) The Chief Electoral Officer may enter into an agreement respecting the conduct of a consultation with any person or body responsible for the conduct of elections in a province, and shall adapt any of the provisions of this Act for the purposes of holding the consultation in conjunction with a provincial general election.

(3) An order under subsection (1) may only be made if notice of the order has been published in the Canada Gazette at least six months before the making of the order.

(4) An order under subsection (1) shall

(a) specify the number of places in the Senate in respect of which electors of the province are to be consulted;

(b) direct the Chief Electoral Officer to carry out a consultation in the province; and

(c) fix the date for voting, which shall be the same as that for voting in the provincial general election.

14. (1) Where, in any electoral district, the writ is withdrawn or the election is postponed under section 59 or 77 of the Canada Elections Act, polling day in the consultation in that electoral district shall be postponed to the day of the postponed election and the order made under subsection 12(1) is deemed to be amended accordingly with respect to that electoral district.

(2) The closing day for nominations is not affected by the postponement of the polling day under subsection (1).

Notice of Consultation

15. (1) Without delay after an order is made in respect of a province under subsection 12(1) or 13(1), the Chief Electoral Officer shall issue to each returning officer in the province a notice of consultation that indicates

(a) the manner of submitting nominations to the Chief Electoral Officer and the deadline for the filing of nominations;

(b) the date for polling day;

(c) the address, telephone number and fac- simile number of the office of the Chief Electoral Officer; and

(d) the date, time and location of the opening of ballot boxes and the examination and processing of ballots for the purpose of preparing the list of nominees under Part 5.

(2) Where a vote is postponed in an electoral district under subsection 14(1), the Chief Electoral Officer shall issue,

(a) to the returning officer for that electoral district, a new notice of consultation containing revised information described in paragraphs (1)(b) and (d); and

(b) to the returning officers for the other electoral districts in the province, a new notice of consultation containing revised information described in paragraph (1)(d).

(3) On receipt of a notice of consultation, a returning officer shall distribute and post it as specified by the Chief Electoral Officer.

Consultation Unnecessary

16. (1) When, as of 2:00 p.m. on the 23rd day before polling day, the Chief Electoral Officer has confirmed nominations for a number of nominees in a province that is equal to or less than the number of places specified for that province under paragraph 12(2)(a) or 13(4)(a), no consultation shall be conducted.

(2) The Chief Electoral Officer shall transmit to the Prime Minister and publish in the Canada Gazette a notice that no consultation will be held in the province and a report of the proceedings taken under this Act in respect of the province, including the rejection of any nomination for non-compliance with this Act.

Holding of a Consultation

17. (1) In the case of the confirmation of the nominations of a number of nominees in a province greater than the number of places specified for the province under paragraph 12(2)(a) or 13(4)(a), the Chief Electoral Officer shall take the steps that are necessary to conduct a consultation.

(2) The Chief Electoral Officer shall provide to each returning officer the information referred to in subsection (3).

(3) Each returning officer shall, without delay after receiving the following information, post in the returning office a notice in the prescribed form that indicates

(a) the name, address and political affiliation, if any, of each nominee, as stated in the nomination papers, in alphabetical order; and

(b) the name and address of the official agent for each nominee, as stated in the nomination papers.

(4) The Chief Electoral Officer shall send to each of the nominees in the province who requests them or the nominee’s local represent- ative, on the later of the 31st day before polling day and the day on which the nominee’s nomination is confirmed, one copy of a document in electronic or other form that sets out a description of the boundaries of the polling divisions in each electoral district in the province.

PART 3

NOMINEES

Qualifications

18. Any citizen of Canada who has attained the age of 30 years may be a nominee in a consultation being held in a province, except

(a) the Chief Electoral Officer and the Assistant Chief Electoral Officer;

(b) a consultation officer or an election officer;

(c) a nominee in a consultation being held in another province; and

(d) a person who was a nominee in a previous consultation and for whom a return, report, document or declaration has not been provided under subsection 451(1) of the Canada Elections Act, as applied by section 96 of this Act, if the time for providing it and any extension have expired.

Nominations

19. (1) A nomination paper shall be in the prescribed form and include

(a) a statement made under oath by the prospective nominee of

(i) their name, address and occupation,

(ii) the address designated by them for service of documents under this Act,

(iii) the name and address of their official agent,

(iv) the name, address and occupation of their auditor, and

(v) the name of the political party that has endorsed the prospective nominee or, if none, the prospective nominee’s choice to have, under their name in consultation documents, either the word “independent” or no designation of political affiliation;

(b) a statement by the prospective nominee, consenting to the nomination, signed and sworn in the presence of a witness who is an elector but is not the person who administers the oath;

(c) the signature of the witness referred to in paragraph (b);

(d) a statement signed by the official agent consenting to act in that capacity;

(e) the names, addresses and signatures, made in the presence of a witness, of at least 100 electors resident in the province; and

(f) the name, address and signature of the witness to each signature made under paragraph (e).

(2) For the purpose of subparagraph (1)(a)(i),

(a) the name shall not include any title, degree or other prefix or suffix;

(b) one or more of the given names may be replaced by a nickname by which the prospective nominee is publicly known, other than a nickname that could be confused in the opinion of the Chief Electoral Officer with the name of a political party, and the nickname may be accompanied by the initial or initials of their given name or names;

(c) a normal abbreviation of one or more of the given names may be substituted for the given name or names; and

(d) the occupation shall be stated briefly and shall correspond to the occupation by which the prospective nominee is known in their place of ordinary residence.

(3) A prospective nominee who uses a nickname described in paragraph (2)(b) in their nomination paper shall, if the Chief Electoral Officer requests, provide the Chief Electoral Officer with documents that are determined by the Chief Electoral Officer to be evidence of the common public knowledge and acceptance of the nickname.

20. (1) A political party may endorse as many prospective nominees in a consultation in a province as there are places specified under paragraph 12(2)(a) or 13(4)(a) for that province.

(2) Where a nominee in a province who has been endorsed by a political party dies before 2:00 p.m. on the 5th day before the closing day for nominations or withdraws in accordance with subsection 26(1), the party may endorse another nominee for that province before the close of nominations.

21. (1) The following may be filed with the Chief Electoral Officer at any time after polling day at the previous consultation held in the province and until the close of nominations:

(a) the nomination paper;

(b) a deposit of $1,000;

(c) a statement signed by the prospective nominee’s auditor consenting to act in that capacity;

(d) if applicable, an instrument in writing, signed by the leader of a political party, stating that the prospective nominee is endorsed by the party in accordance with section 20; and

(e) an oath in writing in the prescribed form made by the witness referred to in paragraph 19(1)(b), stating that

(i) the witness knows the prospective nominee,

(ii) the witness is qualified as an elector,

(iii) the prospective nominee signed the consent to the nomination in the presence of the witness, and

(iv) the witness has used due diligence to ensure that the signatures referred to in paragraph 19(1)(e) were all made by electors resident in the province.

(2) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish annually a notice setting out the manner in which the documents and deposit referred to in subsection (1) must be filed.

22. The closing day for nominations shall be the 25th day before polling day.

23. The deadline for the filing of the documents and the deposit referred to in subsection 21(1) is 2:00 p.m. on the closing day for nominations.

24. (1) The Chief Electoral Officer shall give a prospective nominee notice in the prescribed form of the confirmation or refusal of their nomination no later than

(a) 48 hours after the making of the order under subsection 12(1) or 13(1), in the case of a prospective nominee who has already filed the documents and deposit referred to in subsection 21(1); or

(b) 48 hours after those documents and that deposit are filed.

(2) Before confirming or refusing a nomination, the Chief Electoral Officer shall verify

(a) that the nomination paper is complete, including having at least the number of signatures referred to in paragraph 19(1)(e); and

(b) that the documents and deposit referred to in subsection 21(1) have been filed.

(3) The Chief Electoral Officer may confirm the nomination of a prospective nominee without having received the instrument referred to in paragraph 21(1)(d), but on receipt of the instrument before the close of nominations the Chief Electoral Officer shall amend the nomination paper accordingly.

(4) A nomination paper that is refused by the Chief Electoral Officer may be replaced by another nomination paper or may be corrected if the new or corrected nomination paper is filed by the close of nominations.

25. (1) On receipt of the deposit referred to in subsection 21(1), the Chief Electoral Officer shall issue a receipt and send the deposit to the Receiver General without delay.

(2) If the Chief Electoral Officer refuses to accept a nomination, the deposit that was filed in support of it shall be refunded to the person in respect of whom the nomination paper was filed.

26. (1) A nominee may withdraw at any time before 5:00 p.m. on the closing day for nominations by filing with the Chief Electoral Officer a statement in writing to that effect signed by the nominee and witnessed by two electors who are entitled to vote in the province.

(2) Any votes cast for a nominee who has withdrawn are void.

27. A nominee may, before 5:00 p.m. on the closing day for nominations, provide in writing to the Chief Electoral Officer any change that the nominee wishes to be made to their name, address or occupation as set out in the nomination paper.

28. Any votes given for a person other than a nominee are void.

Rights of Nominees

29. Every employer of employees to whom Part III of the Canada Labour Code applies shall, on application, grant any such employee leave of absence, with or without pay, to seek nomination and to be a nominee for the portion of the consultation period that is requested.

30. (1) During a consultation period, no person who is in control of an apartment building, condominium building or other multiple residence building or a gated community may prevent a nominee or their representative, between 9:00 a.m. and 9:00 p.m., from

(a) in the case of an apartment building, condominium building or gated community, canvassing at the doors to the apartments, units or houses, as the case may be; or

(b) in the case of any other multiple residence building, campaigning in the common areas.

(2) Subsection (1) does not apply in respect of a person who is in control of a multiple residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting canvassing or campaigning referred to in that subsection.

(3) During a consultation period, no person who is in control of a building, land, a street or any other place, any part of which is open without charge to members of the public, whether on a continuous, periodic or occasional basis — including any commercial, business, cultural, historical, educational, religious, governmental, entertainment or recreational place — may prevent a nominee or his or her representative from campaigning in or on that part when it is open without charge to members of the public.

(4) Subsection (3) does not apply in respect of a place if campaigning in or on it would be incompatible with the function and purpose of the place or inconsistent with public safety.

31. In respect of a consultation in any province, the Chief Electoral Officer shall, at the request of a nominee, distribute one copy in electronic or other form of the preliminary lists of electors, revised lists of electors or official lists of electors for any electoral district in the province to the nominee or their local representative.

32. A nominee who receives a copy of preliminary lists of electors, revised lists of electors or official lists of electors under section 31 may use the lists for communicating with electors in the province, including using them for soliciting contributions and campaigning.

33. (1) On the day after they are notified of their confirmation, a nominee shall provide information pertaining to the nominee in the prescribed form to the Chief Electoral Officer.

(2) The Chief Electoral Officer shall compile information provided by nominees into an elector information guide to be distributed to all households in the province.

Official Agents and Auditors

34. (1) A prospective nominee shall appoint an official agent before the filing of the nomination paper under subsection 21(1).

(2) The following persons are not eligible to be an official agent for a nominee:

(a) any other nominee;

(b) a consultation officer;

(c) an auditor appointed as required by this Act; and

(d) the persons referred to in section 84 of the Canada Elections Act.

35. (1) A prospective nominee shall appoint an auditor before the filing of the nomination paper under subsection 21(1).

(2) The following are eligible to be an auditor for a nominee:

(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

(b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants.

(3) The following persons are not eligible to be an auditor for a nominee:

(a) the nominee or any other nominee;

(b) a consultation officer;

(c) the official agent of the nominee or any other nominee;

(d) the financial agent of a registered third party; and

(e) the persons referred to in subsection 85(2) of the Canada Elections Act.

36. Subject to sections 34 and 35, a person may be appointed as official agent or auditor for a nominee although the person is a member of a partnership that has been appointed as an auditor for

(a) a nominee in a province other than the province of the nominee;

(b) a candidate in an election being held under the Canada Elections Act in an electoral district in a province other than the province of the nominee; or

(c) a registered party.

37. In the event of the death, incapacity, resignation or revocation of the appointment of an official agent or of an auditor, the nominee shall, without delay,

(a) appoint another official agent or auditor;

(b) obtain from that other official agent or auditor a signed statement consenting to act in that capacity; and

(c) send a copy of the statement to the Chief Electoral Officer.

38. A nominee may have only one official agent and one auditor at a time.

Prohibitions

39. No person shall sign a nomination paper consenting to be a nominee knowing that they are not eligible to be a nominee.

40. (1) No person who is ineligible to act as an official agent shall act in that capacity.

(2) No person who is ineligible to act as an auditor shall act in that capacity.

41. No person shall, with the intention of affecting the results of a consultation, knowingly make or publish any false statement of fact in relation to the personal character or conduct of a nominee or prospective nominee.

42. No person shall knowingly publish a false statement of the withdrawal of a nominee.

43. (1) No person may accept a contribution intended for use in a campaign except on behalf of a person whose nomination is confirmed.

(2) No registered party or registered association may provide goods or services for the purpose of a campaign unless the person on whose behalf the goods or services are being provided is a person whose nomination is confirmed.

(3) No person may incur an expense for the purpose of a campaign unless the person on whose behalf the expense is incurred is a person whose nomination is confirmed.

(4) For the purposes of this section, a deposit referred to in paragraph 21(1)(b) is not an expense and money used for the deposit is not a contribution.

PART 4

VOTING

44. Every person who, under Part 1 of the Canada Elections Act, is qualified as an elector and entitled to vote in an election is also entitled to vote — at the same polling station and at the same time — in a consultation held concurrently with the election.

45. Sections 5 and 7 of the Canada Elections Act apply in respect of voting in a consultation as if references in those sections to an election were references to a consultation.

46. Parts 9 to 11 of the Canada Elections Act, other than section 131 and paragraph 151(1)(b), apply in respect of voting in a consultation with any adaptations that may be required.

47. (1) The Chief Electoral Officer shall publish in the Canada Gazette the form of the ballot paper to be used for voting in a consultation.

(2) Nominees’ names, matched with their party affiliation where applicable, shall be ranked alphabetically on the ballot papers in such a way that the nominee named first on the ballot varies from one electoral district to another and, in electoral districts as a whole, one nominee is given as much prominence as another so far as possible.

(3) An elector shall mark the ballot in the spaces provided so as to indicate the elector’s order of preference among the nominees — first, second and so on — by means of a consecutive sequence of numerals beginning with the numeral “1” .

PART 5

COUNTING OF VOTES

General

48. (1) The ballot boxes in a consultation shall be opened and the ballots examined and processed in accordance with the directions of the Chief Electoral Officer.

(2) Each nominee or their representative is entitled to be present at the opening of the ballot boxes and the examination and processing of the ballots.

49. (1) For the purposes of sections 50 to 56, a ballot shall be taken into account only if

(a) it has been supplied pursuant to this Act;

(b) there is not any writing or mark on it by which the elector could be identified; and

(c) it contains a first preference.

(2) Subject to subsections (3) to (6), for the purpose of this Part, an elector’s order of preference is

(a) a first preference with no other preferences; or

(b) a first preference and one or more other preferences in consecutive order in relation to that first preference.

(3) A first preference is indicated by the numeral “1” or equivalent mark or a cross.

(4) If there is more than one mark that indicates a first preference, the ballot is deemed not to contain a first preference.

(5) Second and subsequent preferences are indicated by numerals or equivalent marks.

(6) If there is any interruption in the order of preference, either by omission or by repetition, only the preferences before the interruption shall be taken into account in determining an elector’s order of preference.

50. (1) A record shall be kept in the prescribed form of every objection to a ballot made by a nominee or their representative, and the objection shall be given a number, which shall be written on the ballot.

(2) The Chief Electoral Officer or a consultation officer designated by the Chief Electoral Officer shall decide every question raised by an objection to a ballot.

List of Selected Nominees

51. (1) The Chief Electoral Officer shall establish a list for each province in which a consultation is held of the names of the nominees that are selected under sections 53 and 55.

(2) Sections 53 to 56 shall be applied for as many successive counts as are necessary so that the number of names on the list of nominees corresponds to the number of places specified for the province under paragraph 12(2)(a) or 13(4)(a).

52. (1) For the purposes of this Part, a nominee is the next available preference of a particular elector if the nominee comes next in that elector’s order of preference, disregarding any nominees who were selected or eliminated at a previous count.

(2) For the purposes of this Part, the quota for the selection of a nominee for the list of nominees referred to in section 51 shall be determined by the formula

A/(B + 1) + 1

disregarding any fraction, where

A      is the total number of first preference votes obtained by all nominees; and

B      is the number of places specified for the province under paragraph 12(2)(a) or 13(4)(a).

53. (1) A nominee shall be selected for the list of nominees referred to in section 51 if the nominee obtains a number of votes at least equal to the quota

(a) on the first count of votes, taking into account only electors’ first preferences; or

(b) on any subsequent count of votes, after adding to electors’ first preferences the votes transferred to the nominee under this section or section 54.

(2) The votes obtained by a selected nominee in excess of the quota shall be distributed to the next available preferences, such that the number of votes distributed to a particular nominee is equal to the number of ballots on which the particular nominee was the next available preference multiplied by the transfer factor referred to in subsection (3), disregarding any fractional vote.

(3) For the purposes of subsection (2), the transfer factor is the number of votes of a selected nominee that are in excess of the quota divided by the total number of ballots used to calculate the number of votes obtained by the selected nominee, the result expressed to five decimal places.

(4) In the event of the equality of first preference votes of more than one nominee each of whom obtains a number of votes at least equal to the quota, each of them shall be selected for the list of nominees referred to in subsection (1) and the order of distribution of their surplus votes shall be determined on a random basis.

54. (1) Subject to section 55, where at any count no nominee attains a number of votes at least equal to the quota, the nominee having obtained the smallest number of votes shall be eliminated from subsequent counts.

(2) The votes of a nominee who is eliminated under subsection (1) shall be distributed to the next available preferences so that the number of votes distributed to a particular nominee is equal to the number of ballots on which the particular nominee was the next available preference multiplied by the transfer factor referred to in subsection (3), disregarding any fractional vote.

(3) For the purposes of subsection (2), the transfer factor in relation to the votes of an eliminated nominee is one or, in the case of votes obtained by distribution, the transfer factor applied in the distribution of votes to the eliminated nominee.

(4) Where at any count more than one nominee referred to in subsection (1) obtain the smallest number of votes,

(a) the nominee obtaining the fewest votes in the immediately preceding count shall be eliminated;

(b) if more than one nominee obtained the fewest votes in that count, the nominee to be eliminated shall be the one obtaining the fewest votes in the nearest preceding count in which there was no such tie; and

(c) if there was a tie in all preceding counts, the nominee to be eliminated shall be determined on a random basis.

55. Where at any count there is no nominee who attains a number of votes at least equal to the quota, and the number of nominees not yet selected equals the number of nominees required to complete the list of nominees referred to in section 51, each of those remaining nominees shall be selected for the list.

56. (1) Subject to subsection (4), where at any count more than one nominee obtains votes that are in excess of the quota, their respective surplus votes shall be distributed in distinct and successive counts in their order of relative magnitude, the largest surplus being distributed at the next count and progressively smaller surpluses being distributed on subsequent counts.

(2) Where at any count more than one nominee referred to in subsection (1) receive the same number of votes, the order of distribution of their surplus votes shall be

(a) in the order of the magnitude of the votes obtained by them in the immediately preceding count;

(b) if they received the same number of votes in that count, in the order of the magnitude of their votes in the nearest preceding count in which they did not tie; and

(c) if there was a tie in all preceding counts, in an order determined on a random basis.

(3) Where a nominee to whom votes have been distributed at a previous count is eliminated from counting, those votes shall be further distributed to the other nominees in distinct and successive counts in the order in which they were obtained by the eliminated nominee, votes obtained earliest being distributed at the ensuing count and votes obtained subsequently being distributed on subsequent counts.

(4) Surplus votes arising at any count may only be distributed after the distribution of all votes arising at previous counts.

57. (1) The Chief Electoral Officer shall transmit the list of nominees established under section 51, together with the results of each count of votes, to each of the nominees in the province without delay.

(2) Any nominee whose name does not appear on the list of nominees referred to in subsection (1) may object to the Chief Electoral Officer within 10 days after transmission of the list that, but for fraud or irregularity, the nominee’s name would have appeared on the list.

(3) If the Chief Electoral Officer considers that an objection may be well-founded, he or she may conduct any verification or count that he or she judges appropriate and, if necessary, adjust the list accordingly.

Consultation Reports

58. Without delay following a consultation in a province, the Chief Electoral Officer shall submit to the Prime Minister and publish in the Canada Gazette a report setting out

(a) the list of nominees established under section 51, including any adjustment made under section 57;

(b) the number of ballots cast by electors in the consultation;

(c) the number of ballots not taken into account under section 49;

(d) the results of each of the counts under sections 53 to 56;

(e) any objection made by a nominee under section 57 and its disposition; and

(f) any other information that the Chief Electoral Officer considers relevant.

PART 6

COMMUNICATIONS

Interpretation

59. The following definitions apply in this Part.

“advertising” means the transmission to the public by any means during a consultation period of an advertising message that promotes or opposes a nominee but, for greater certainty, does not include

(a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

(b) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be a consultation;

(c) the transmission of a document directly by a person or a group to their members, employees or shareholders, as the case may be;

(d) the transmission by an individual, on a non-commercial basis on the Internet, of his or her personal political views; or

(e) the distribution of information about the nominees by the Chief Electoral Officer under subsection 33(2).

“survey” means an opinion survey of how electors voted or will vote in a consultation.

Advertising

60. A nominee, or a person acting on their behalf, who causes advertising to be conducted shall state in or on the message that its transmission was authorized by the official agent of the nominee.

61. (1) No person shall knowingly conduct advertising or cause it to be conducted using a means of transmission of the Government of Canada.

(2) For the purpose of subsection (1), a person includes a group within the meaning of Part 7.

62. (1) No landlord or person acting on their behalf may prohibit a tenant from displaying advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying advertising posters on the premises of his or her unit.

(2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of advertising posters that may be displayed on the premises and may prohibit the display of advertising posters in common areas of the building in which the premises are found.

63. (1) No person shall knowingly transmit advertising to the public in a province on polling day before the close of all of the polling stations in the province.

(2) For the purpose of subsection (1), a person includes a registered party, an eligible party and a group within the meaning of Part 7.

64. Subsection 63(1) does not apply in respect of

(a) the transmission of a message that was transmitted to the public on the Internet before the blackout period described in that subsection and that was not changed during that period; or

(b) the distribution during that period of pamphlets or the posting of messages on signs, posters or banners.

65. (1) No person shall prevent or impair the transmission to the public of an advertising message without the consent of a person with authority to authorize its transmission.

(2) Subsection (1) does not apply in respect of

(a) the prevention or impairment, by a public authority, of an unlawful transmission if reasonable notice has first been given to the person who authorized the transmission; or

(b) the removal by an employee of a public authority of a sign, poster or banner where the posting of it is a hazard to public safety.

66. No electoral district association of a registered party shall incur advertising expenses within the meaning of Part 7 during a consultation period.

Opinion Surveys

67. (1) The first person who transmits the results of a survey — other than a survey that is described in section 68 — to the public during a consultation period and any person who transmits them to the public within 24 hours after they are first transmitted to the public shall provide the following together with the results:

(a) the name of the sponsor of the survey;

(b) the name of the person or organization that conducted the survey;

(c) the date on which or the period during which the survey was conducted;

(d) the population from which the sample of respondents was drawn;

(e) the number of people who were contacted to participate in the survey; and

(f) if applicable, the margin of error in respect of the data obtained.

(2) In addition to the information referred to in subsection (1), the following must be provided in the case of a transmission to the public by means other than broadcasting:

(a) the wording of the survey questions in respect of which data is obtained; and

(b) the means by which a report referred to in subsection (3) may be obtained.

(3) A sponsor of a survey shall, at any time during a consultation period after the results of the survey are transmitted to the public, provide, on request, a copy of a written report on the results of the survey, as transmitted under subsection (1). The report shall include the following, as applicable:

(a) the name and address of the sponsor of the survey;

(b) the name and address of the person or organization that conducted the survey;

(c) the date on which or the period during which the survey was conducted;

(d) information about the method used to collect the data from which the survey results are derived, including

(i) the sampling method,

(ii) the population from which the sample was drawn,

(iii) the size of the initial sample,

(iv) the number of individuals who were asked to participate in the survey and the numbers and respective percentages of them who participated in the survey, refused to participate in the survey, and were ineligible to participate in the survey,

(v) the dates and time of day of the interviews,

(vi) the method used to recalculate data to take into account in the survey the results of participants who expressed no opinion, were undecided or failed to respond to any or all of the survey questions, and

(vii) any weighting factors or normalization procedures used in deriving the results of the survey; and

(e) the wording of the survey questions and, if applicable, the margins of error in respect of the data obtained.

(4) A sponsor may charge a fee of up to $0.25 per page for a copy of a report provided under subsection (3).

68. The first person who transmits the results of a survey that is not based on recognized statistical methods to the public during a consultation period and any person who transmits them within 24 hours after they are first transmitted to the public shall indicate that the survey was not based on recognized statistical methods.

69. (1) No person shall knowingly cause to be transmitted to the public, in a province on polling day before the close of all polling stations in that province, the results of a survey that have not previously been transmitted to the public.

(2) No person shall transmit to the public, in a province on polling day before the close of all polling stations in that province, the results of a survey that have not previously been transmitted to the public.

(3) For the purposes of this section, a person includes a group within the meaning of Part 7.

Broadcasting Outside Canada

70. (1) No person shall, with intent to influence persons to vote or refrain from voting or to vote or refrain from voting for a particular nominee at a consultation, use or aid, abet, counsel or procure the use of a broadcasting station outside Canada, during a consultation period, for the broadcasting of any matter having reference to the consultation.

(2) During a consultation period, no person shall broadcast, outside Canada, advertising with respect to a consultation.

Inducements by Non-Residents

71. No person who does not reside in Canada, other than a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, shall induce electors in any way, during a consultation period, to vote or refrain from voting or to vote or refrain from voting for a particular nominee.

PART 7

THIRD PARTY ADVERTISING

72. The following definitions apply in this Part.

“advertising” has the same meaning as in section 59.

“advertising expense” means an expense incurred in relation to

(a) the production of an advertising message; or

(b) the acquisition of the means of transmission to the public of an advertising message.

“expenses” means

(a) amounts paid;

(b) liabilities incurred;

(c) the commercial value of property and services, other than volunteer labour, that are donated or provided; and

(d) amounts that represent the difference between an amount paid or a liability incurred for property and services, other than volunteer labour, and the commercial value of the property and services, when they are provided at less than their commercial value.

“group” means an unincorporated trade union, trade association or other group of persons acting together by mutual consent for a common purpose.

“third party” means an eligible party, a registered party, a group, a corporation or an individual, other than a nominee.

73. (1) Subject to subsection (2), during any consultation period, a third party shall not incur advertising expenses in respect of one or more nominees in a province that exceed the greater of $5,000 and the amount, rounded up to the nearest dollar, obtained by multiplying $150,000 by the quotient obtained by dividing the total number of electors in the province by the total number of electors in Canada, the number of electors in each case being determined by reference to the most recent lists of electors prepared under subsection 45(1) or section 109 of the Canada Elections Act.

(2) During any consultation period, a third party shall not incur advertising expenses in respect of one or more nominees in a territory that exceed $3,000.

(3) The amounts referred to in subsection (1) or (2) shall be multiplied by the inflation adjustment factor referred to in section 414 of the Canada Elections Act that is in effect on the making of the order for the consultation under subsection 12(1) or 13(1).

74. A third party shall not circumvent, or attempt to circumvent, a limit set out in section 73 in any manner, including by splitting itself into two or more third parties for that purpose or acting in collusion with another third party so that their combined advertising expenses exceed the limit.

75. In any advertising message placed by it, a third party shall name one or more nominees, name the province in which they are nominees, identify the third party and indicate that it has authorized the message.

76. (1) A third party shall register immediately after having incurred advertising expenses of a total amount of $500 but may not register before the issue of the order under subsection 12(1) or 13(1).

(2) An application for registration shall be sent to the Chief Electoral Officer in the prescribed form and shall include

(a) the name, address and telephone number of

(i) if the third party is an individual, the individual,

(ii) if the third party is a corporation, the corporation and the officer who has signing authority for it,

(iii) if the third party is a group, the group and a person who is responsible for the group, and

(iv) if the third party is an eligible party or a registered party, the party and the leader of the party;

(b) the signature of the individual, officer, person or leader referred to in paragraph (a);

(c) the address and telephone number of the office of the third party where its books and records are kept and of the office to which communications may be addressed; and

(d) the name, address and telephone number of the third party’s financial agent.

(3) An application under subsection (2) must be accompanied by a declaration signed by the third party’s financial agent accepting their appointment as such.

(4) If its financial agent is replaced, a third party shall give the Chief Electoral Officer without delay the new financial agent’s name, address and telephone number and a declaration signed by the new financial agent accepting their appointment as such.

(5) If the third party is a trade union, corporation, eligible party, registered party or other entity with a governing body, the application must include a copy of the resolution passed by its governing body authorizing it to incur advertising expenses.

(6) The Chief Electoral Officer shall, without delay after receiving an application, determine whether the requirements set out in subsections (1) to (3) and (5) are met and shall then notify the person who signed the application whether the third party is registered. In the case of a refusal to register, the Chief Electoral Officer shall give reasons for the refusal.

(7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a nominee or a third party registered under this section, or of a registered party, eligible party or candidate within the meaning of the Canada Elections Act or a third party registered under section 353 of that Act.

(8) The registration of a third party is valid only for the consultation period during which the application is made, but the third party continues to be subject to the requirement to file an advertising report under subsection 82(1).

77. (1) A third party that is required to register under subsection 76(1) shall appoint a financial agent who may be a person who is authorized to sign an application for registration made under that subsection.

(2) The following persons are not eligible to be a financial agent of a third party:

(a) a nominee or the official agent of a nominee;

(b) the chief agent or a registered agent of a registered party;

(c) a consultation officer or an election officer;

(d) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; and

(e) a candidate under the Canada Elections Act or an official agent of such a candidate.

78. (1) A third party that incurs advertising expenses in an aggregate amount of $5,000 or more shall appoint an auditor without delay.

(2) The following are eligible to be an auditor for a third party:

(a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or

(b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants.

(3) The following persons are not eligible to be an auditor for a third party:

(a) the third party’s financial agent;

(b) a person who signed the application made under subsection 76(2);

(c) a consultation officer or an election officer;

(d) a nominee or a candidate under the Canada Elections Act;

(e) the official agent of a nominee or of a candidate under the Canada Elections Act;

(f) the chief agent of a registered party or an eligible party; and

(g) a registered agent of a registered party.

(4) Every third party, without delay after an auditor is appointed, shall provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration accepting their appointment as such.

(5) If a third party’s auditor is replaced, the third party shall, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting their appointment as such.

79. The Chief Electoral Officer shall maintain, for the period that he or she considers appropriate, a registry of third parties in which is recorded, in relation to each third party, the information referred to in subsections 76(2) and 78(4) and (5).

80. (1) Every contribution made during a consultation period to a registered third party for advertising purposes shall be accepted by, and every advertising expense incurred on behalf of a third party must be authorized by, its financial agent.

(2) A financial agent may authorize a person to accept contributions or incur advertising expenses, but that authorization does not limit the responsibility of the financial agent.

(3) No third party shall use a contribution for advertising if the third party does not know the name and address of the contributor or is otherwise unable to determine within which class of contributor referred to in subsection 82(6) they fall.

(4) Subject to subsections (1) and (2) but notwithstanding subsections 416(1) and (2) of the Canada Elections Act, where a registered third party is a registered party or an eligible party within the meaning of that Act,

(a) the financial agent of the third party shall not accept contributions;

(b) no person other than that financial agent may incur or pay advertising expenses on behalf of the third party;

(c) no money transferred to that financial agent by the chief agent or a registered agent of the registered or eligible party for the purpose of advertising shall be used for any other purpose; and

(d) following the consultation, that financial agent shall remit to the chief agent or a registered agent of the registered or eligible party any surplus remaining from money so transferred.

81. No third party shall use a contribution for advertising purposes if the contribution is from

(a) a person who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

(b) a corporation or an association that does not carry on business in Canada;

(c) a trade union that does not hold bargaining rights for employees in Canada;

(d) a foreign political party; or

(e) a foreign government or an agent of one.

82. (1) Every third party that is required to be registered in accordance with subsection 76(1) shall file an advertising report in the prescribed form with the Chief Electoral Officer within four months after polling day.

(2) An advertising report must contain a list of advertising expenses incurred in respect of nominees in a province and the time and place of broadcast or publication of the advertisements to which the expenses relate.

(3) If a third party has not incurred expenses referred to in subsection (2), that fact shall be indicated in its advertising report.

(4) The advertising report must include

(a) the amount, by class of contributor, of contributions for advertising purposes that were received in the period beginning six months before the making of the order for a consultation under subsection 12(1) or 13(1) and ending on polling day;

(b) the name, address and class of each contributor who made contributions of a total amount of more than $200 for advertising purposes during the period referred to in paragraph (a), and the amount and date of each contribution;

(c) in the case of a numbered company that is a contributor referred to in paragraph (b), the name of the chief executive officer or president of that company; and

(d) the amount, other than an amount of a contribution referred to in paragraph (a), that was paid out of the third party’s own funds for advertising expenses.

(5) For the purposes of subsection (4), a contribution includes a loan.

(6) For the purposes of paragraphs (4)(a) and (b), the following are the classes of contributor:

(a) individuals;

(b) businesses;

(c) commercial organizations;

(d) governments;

(e) trade unions;

(f) corporations without share capital other than trade unions; and

(g) unincorporated organizations or associations other than trade unions.

(7) If the third party is unable to identify which contributions were received for advertising purposes in the period referred to in paragraph (4)(a), the third party shall list, subject to paragraph (4)(c), the names and addresses of every contributor who donated a total of more than $200 to it during that period.

(8) An advertising report must include the signed declarations of the financial agent and, if different, of the person who signed the application made under subsection 76(2) that the report is accurate.

(9) A third party shall, at the request of the Chief Electoral Officer, provide the original of any bill, voucher or receipt in relation to an advertising expense that is in an amount of more than $50.

83. (1) The advertising report of a third party that incurs $5,000 or more in advertising expenses must include a report made under subsection (2).

(2) The third party’s auditor shall report on the advertising report and shall make any examination that will enable the auditor to give an opinion in the report as to whether the advertising report presents fairly the information contained in the accounting records on which it is based.

(3) An auditor shall include in the report any statement that the auditor considers necessary, when

(a) the advertising report does not present fairly the information contained in the accounting records on which it is based;

(b) the auditor has not received from the third party all of the required information and explanation; or

(c) based on the auditor’s examination, it appears that proper accounting records have not been kept by the third party.

(4) An auditor shall have access at any reasonable time to all of the documents of the third party, and may require the third party to provide any information or explanation, that, in the auditor’s opinion, are necessary to enable the auditor to prepare the report.

84. The Chief Electoral Officer may make a correction in a report referred to in subsection 82(1) if the error does not materially affect the substance of the report.

85. The Chief Electoral Officer shall, in the manner that he or she considers appropriate,

(a) publish the names and addresses of registered third parties, as they are registered; and

(b) publish, within one year after the making of the order for the consultation under subsection 12(1) or 13(1), the reports made under subsection 82(1).

PART 8

FINANCIAL ADMINISTRATION

86. (1) No person or entity other than an individual who is a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a nominee.

(2) If a nominee receives a contribution from an ineligible contributor, the official agent of the nominee shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

87. (1) Any money that is used for a nominee’s campaign out of the nominee’s own funds is considered to be a contribution for the purposes of this Act.

(2) A provision of goods or services — excluding those for which advertising expenses are incurred but including professional services, shared office accommodation and the provision of lists of members and of contributors to registered parties — is permitted and is not a contribution for the purposes of this Act if it is

(a) from a registered party to a nominee endorsed by the party; or

(b) from a registered association of a party to a nominee endorsed by the party.

(3) The provision by an employer of a paid leave of absence during a consultation period to an employee for the purpose of allowing the employee to be a nominee is not a contribution.

88. (1) Any person who is authorized to accept contributions on behalf of a nominee shall issue a receipt — of which they shall keep a copy — for each contribution of more than $20 that they accept.

(2) Where anonymous contributions of $20 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a nominee, the person authorized to accept those contributions shall record the following:

(a) a description of the function at which the contributions were collected;

(b) the date of the function;

(c) the approximate number of people at the function; and

(d) the total amount of anonymous contributions accepted.

89. (1) No individual shall make contributions to a nominee that exceed $1,000 in total in any calendar year.

(2) Contributions that do not exceed $1,000 in total by a nominee out of his or her own funds to his or her own campaign as a nominee shall not be taken into account in calculating contributions for the purposes of subsection (1).

(3) The amount set out in subsection (1) shall be multiplied by the annual inflation adjustment factor referred to in subsection 405.1(1) of the Canada Elections Act and the resulting amount, rounded to the nearest $100, applies during the calendar year that commences during the period for which the inflation adjustment factor is in effect.

(4) Before April 1 in each year, the Chief Electoral Officer shall cause to be published in the Canada Gazette the amount applicable during the following calendar year by virtue of subsection (3).

90. (1) No person or entity shall

(a) circumvent, or attempt to circumvent, the prohibition under subsection 86(1) or the limit set out in section 89; or

(b) act in collusion with another person or entity for that purpose.

(2) No person or entity shall

(a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or

(b) act in collusion with another person or entity for that purpose.

(3) No official agent shall knowingly accept a contribution that exceeds a limit under this Act.

(4) No person or entity shall enter into an agreement for the provision of goods or services to a registered party or a nominee for payment that includes a term by which any individual must make a contribution, directly or indirectly, to

(a) a nominee, registered party or registered association; or

(b) a candidate, leadership contestant, or nomination contestant within the meaning of the Canada Elections Act.

91. (1) No person or entity shall solicit or accept a contribution on behalf of a nominee if the person or entity made a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity other than the nominee.

(2) No person or entity shall collude with a person or entity for the purpose of circumventing the prohibition in subsection (1).

92. No individual shall make a contribution to a nominee that comes from money, property or the services of any person or entity that were provided to that individual for that purpose.

93. No individual shall, in respect of each contribution made under this Part, contribute cash in an amount that exceeds $20.

94. If a nominee receives a contribution made in contravention of subsection 89(1) or 90(4) or section 92 or 93, the official agent of the nominee shall, within 30 days after becoming aware of the contravention, return the contribution unused to the contributor or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General.

95. Sections 406 to 412 of the Canada Elections Act, except paragraphs 411(1)(a) and (c) to (e) and subsections 412(2) and (4), apply in respect of nominees in a consultation under this Act, with any adaptations that may be necessary, as if they were candidates in an election under that Act.

96. The following provisions of the Canada Elections Act apply in respect of nominees in a consultation under this Act, with any adaptations that may be required, as if they were candidates in an election under that Act:

(a) sections 436 to 438;

(b) sections 444 to 463, except paragraphs 444(2)(b), 445(1)(b) and 451(4)(b) and (6)(c) and subsection 463(2);

(c) sections 468 and 471 to 475, except paragraph 471(2)(b), subsection 471(3) and paragraph 473(2)(a); and

(d) section 477 and subsection 478(2).

PART 9

ENFORCEMENT

Offences

General Provisions

97. Every person is guilty of an offence who, with the intention of obstructing or delaying the consultation process, contravenes this Act, otherwise than by committing an offence under section 98 or 99 or by contravening a provision of this Act or the Canada Elections Act referred to in any of sections 100 to 106.

98. (1) Every person is guilty of an offence who, during a consultation period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular nominee.

(2) Every elector is guilty of an offence who, during a consultation period, accepts or agrees to accept a bribe that is offered in the circumstances described in subsection (1).

99. Every person is guilty of an offence who

(a) by intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular nominee at a consultation; or

(b) by any pretence or contrivance, including by representing that the ballot or the manner of voting at a consultation is not secret, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular nominee at a consultation.

Offences Under Part 1

100. (1) Every person who, being a consultation officer, contravenes subsection 6(3) is guilty of an offence.

(2) Every person who, being a consultation officer, wilfully contravenes subsection 6(3) is guilty of an offence.

(3) Every person who, being a consultation officer, contravenes paragraph 8(b) is guilty of an offence.

(4) Every person who contravenes any provision of the Canada Elections Act as applied to that person by section 9 of this Act and for which an offence is established by section 499 of that Act is guilty of an offence and liable to the punishment provided for that offence.

Offences Under Part 3

101. (1) Every nominee who contravenes section 37 is guilty of an offence.

(2) Every person who contravenes section 30 is guilty of an offence.

(3) Every person is guilty of an offence who

(a) contravenes section 39;

(b) wilfully contravenes section 40;

(c) contravenes section 41; or

(d) contravenes section 42 or 43.

Offences Under Part 4

102. Every person who contravenes any provision of the Canada Elections Act as applied to that person by section 45 of this Act and for which an offence is established by section 483 of that Act is guilty of an offence and liable to the punishment provided for that offence.

103. Every person who contravenes any provision of the Canada Elections Act as applied to that person by section 46 of this Act and for which an offence is established by section 489, 490 or 491 of that Act is guilty of an offence and liable to the punishment provided for that offence.

Offences Under Part 6

104. (1) Every person or entity is guilty of an offence that

(a) being a nominee or a person acting on behalf of a nominee, contravenes section 60;

(b) contravenes subsection 67(1) or (2) or, being a sponsor of a survey, contravenes subsection 67(3);

(c) contravenes section 68; or

(d) being an electoral district association of a registered party, contravenes section 66.

(2) Every person is guilty of an offence who wilfully contravenes section 62 or 65.

(3) Every person who wilfully contravenes section 71 is guilty of an offence.

(4) Every person is guilty of an offence who

(a) wilfully contravenes subsection 67(1) or (2) or, being a sponsor of a survey, wilfully contravenes subsection 67(3);

(b) wilfully contravenes section 68;

(c) wilfully contravenes subsection 69(2); or

(d) wilfully contravenes subsection 70(1) or (2).

(5) Every person or entity is guilty of an offence that contravenes

(a) subsection 61(1) or 63(1);

(b) being an electoral district association of a registered party, wilfully contravenes section 66; or

(c) subsection 69(1).

Offences Under Part 7

105. (1) Every person is guilty of an offence who, being a third party, contravenes

(a) subsection 73(1) or (2);

(b) section 75;

(c) subsection 76(1);

(d) section 77 or subsection 78(1);

(e) subsection 80(3) or section 81; or

(f) subsection 82(1) or (9).

(2) Every person is guilty of an offence who, being a third party, wilfully contravenes

(a) subsection 73(1) or (2) or section 74;

(b) subsection 76(1); or

(c) subsection 82(1).

Offences Under Part 8

106. (1) Every person or entity is guilty of an offence that

(a) contravenes subsection 86(1);

(b) being the official agent of a nominee, contravenes subsection 86(2);

(c) being the official agent of a nominee, contravenes section 88;

(d) contravenes subsection 90(1);

(e) contravenes subsection 90(2);

(f) being an individual, contravenes section 92; or

(g) being the official agent of a nominee, contravenes section 94.

(2) Every person who contravenes any provision of the Canada Elections Act as applied to that person by section 95 or 96 of this Act and for which an offence is established by subsection 497(1) of that Act is guilty of an offence and liable to the punishment provided for that offence.

(3) Every person or entity is guilty of an offence that

(a) knowingly contravenes subsection 86(1);

(b) being the official agent of a nominee, wilfully contravenes section 88;

(c) being an individual, wilfully contravenes subsection 89(1) or section 93;

(d) knowingly contravenes subsection 90(1);

(e) knowingly contravenes subsection 90(2);

(f) being the official agent of a nominee, contravenes subsection 90(3);

(g) knowingly contravenes subsection 90(4);

(h) contravenes subsection 91(1);

(i) contravenes subsection 91(2);

(j) being an individual, wilfully contravenes section 92; or

(k) being the official agent of a nominee, wilfully contravenes section 94.

(4) Every person who contravenes any provision of the Canada Elections Act as applied to that person by section 95 or 96 of this Act and for which an offence is established by subsection 497(3) of that Act is guilty of an offence and liable to the punishment provided for that offence.

(5) No proceedings may be commenced with respect to a failure to provide a return or other document to the Chief Electoral Officer before the expiration of the period within which an application may be made under this Act for an extension of the period within which that return or document is to be provided.

Punishment

107. (1) Every person or entity that is guilty of an offence under subsection 100(1), 101(1), 104(1), 105(1) or 106(1) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.

(2) Every person who is guilty of an offence under subsection 104(2) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.

(3) Every person who is guilty of an offence under subsection 100(3), 101(2) or 104(3) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.

(4) Every person who is guilty of an offence under subsection 104(4) is liable on summary conviction to a fine of not more than $25,000.

(5) Every person who is guilty of an offence under section 97, 98 or 99 or subsection 100(2), 101(3), 104(5), 105(2) or 106(3) is liable

(a) on summary conviction, to a fine of not more than $2,000 or to imprisonment for a term of not more than one year, or to both; or

(b) on conviction on indictment, to a fine of not more than $5,000 or to imprisonment for a term of not more than five years, or to both.

(6) Every third party that is guilty of an offence under paragraph 105(1)(a) or (2)(a) is, in addition to the punishment provided under subsection (1) or (5), liable to a fine of up to five times the amount by which the third party exceeded the advertising expense limit in question.

108. When a person has been convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order direct the person to

(a) perform community service, subject to any reasonable conditions that may be specified in the order;

(b) compensate any other person who has suffered damages as a result of the commission of the offence;

(c) perform any obligation the non-performance of which gave rise to the offence; or

(d) take any other reasonable measure that the court considers appropriate to ensure compliance with this Act.

109. A reference to a punishment in this Part does not include any punishment provided by section 501 or 502 of the Canada Elections Act.

Application of Certain Provisions

110. Sections 504, 505, 508 and 510 to 521 of the Canada Elections Act apply, with any adaptations that may be required, in respect of a consultation.

PART 10

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

111. The following provisions apply to a consultation that is ordered under subsection 12(1) or 13(1) before the coming into force of sections 51 to 58:

(a) an elector shall mark the ballot with a cross or other mark in the space opposite the name of the nominee or nominees of his or her choice, but so that the number of votes expressed does not exceed the number of places specified for the province under paragraph 12(2)(a) or 13(4)(a);

(b) all votes cast for a nominee on each ballot shall be counted, excluding any ballot on which the number of votes expressed exceeds the number of places specified for the province;

(c) the Chief Electoral Officer shall establish a list of nominees ranked by votes obtained and comprising the number of nominees necessary to fill the number of places specified for the province, and shall transmit the list to each of the nominees in the province without delay;

(d) the Chief Electoral Officer shall submit to the Prime Minister and publish in the Canada Gazette a report setting out

(i) the list of nominees established under paragraph (c),

(ii) the number of ballots cast by electors in the consultation,

(iii) the number of ballots excluded from counting under paragraph (b) and the number of ballots not taken into account under paragraph 49(1)(a) or (b), and

(iv) any other information that the Chief Electoral Officer considers relevant; and

(e) subsection 47(3), paragraph 49(1)(c) and subsections 49(2) and (3) do not apply.

112. Until all the provisions of this Act are in force, the Chief Electoral Officer shall prepare a report for the Speaker of the House of Commons every six months after the day on which this Act receives royal assent on the preparations for the operation of the provisions of this Act that are not yet in force, and the Speaker shall submit the report to the House.

Consequential Amendments

Canada Elections Act

113. Section 53 of the Canada Elections Act is replaced by the following:

53. If an elector so requests the Chief Electoral Officer in writing, information in the Register of Electors relating to that elector shall be used only for purposes of an election, senatorial consultation or federal referendum.

114. Subparagraph 56(e)(ii) of the Act is replaced by the following:

(ii) for the purposes of an election, senatorial consultation or federal referendum, or

115. Section 84 of the Act is amended by striking out the word “and” at the end of paragraph (d), by adding the word “and” at the end of paragraph (e) and by adding the following after paragraph (e):

116. Subsection 85(2) of the Act is amended by striking out the word “and” at the end of paragraph (h), by adding the word “and” at the end of paragraph (i) and by adding the following after paragraph (i):

117. Section 85.1 of the Act is replaced by the following:

85.1 Subject to sections 84 and 85, a person may be appointed as official agent or auditor for a candidate notwithstanding that the person is a member of a partnership that has been appointed as an auditor for

(a) a candidate in an electoral district other than the electoral district of the candidate for whom the appointment is being made;

(c) a registered party.

118. Paragraph 111(f) of the Act is amended by striking out the word “or” at the end of subparagraph (i) and by replacing subparagraph (ii) with the following:

(ii) an election, senatorial consultation or federal referendum.

119. Subsection 353(7) of the Act is replaced by the following:

(7) A third party may not be registered under a name that, in the opinion of the Chief Electoral Officer, is likely to be confused with the name of a candidate, a registered party, a registered third party, an eligible party, a nominee within the meaning of the Senate Appointment Consultations Act or a registered third party under section 76 of that Act.

120. Subsection 354(2) of the Act is amended by striking out the word “and” at the end of paragraph (c), by adding the word “and” at the end of paragraph (d) and by adding the following after paragraph (d):

121. Subsection 355(3) of the Act is amended by striking out the word “and” at the end of paragraph (f), by adding the word “and” at the end of paragraph (g) and by adding the following after paragraph (g):

122. Subsection 405.2(4) of the Act is replaced by the following:

(4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any individ- ual will make a contribution, directly or indirectly, to

(a) a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant; or

123. Subsections 416(1) and (2) of the Act are replaced by the following:

416. (1) Subject to subsection 80(4) of the Senate Appointment Consultations Act, no person or entity, other than the chief agent of a registered party or one of its registered agents or a person authorized under subsection 411(1), shall pay the registered party’s expenses.

(2) Subject to subsection 80(4) of the Senate Appointment Consultations Act, no person or entity, other than the chief agent of a registered party or one of its registered agents, shall incur the registered party’s expenses.

Director of Public Prosecutions Act

124. Subsection 3(8) of the Director of Public Prosecutions Act is replaced by the following:

(8) The Director initiates and conducts prosecutions on behalf of the Crown with respect to offences under the Canada Elections Act and the Senate Appointment Consultations Act as well as appeals and other proceedings related to such a prosecution.

Income Tax Act

125. (1) The portion of subsection 127(3) of the Income Tax Act before paragraph (a) is replaced by the following:

(3) There may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year in respect of the total of all amounts each of which is a monetary contribution made under the Canada Elections Act or the Senate Appointment Consultations Act by the taxpayer in the year to a registered party, a provincial division of a registered party, a registered association or a candidate, as those terms are defined in the Canada Elections Act, or to a nominee as that term is defined in the Senate Appointment Consultations Act,

(2) The portion of subsection 127(3) of the Act after paragraph (c) is replaced by the following:

if payment of each monetary contribution that is included in that total is evidenced by filing with the Minister a receipt that contains prescribed information, signed by the agent authorized under one of those Acts to accept that monetary contribution.

126. Subsections 230.1(1) and (2) of the Act are replaced by the following:

230.1 (1) Every agent authorized under the Canada Elections Act or the Senate Appointment Consultations Act to accept monetary contributions shall keep records — sufficient to enable each monetary contribution within the meaning assigned by subsection 127(4.1) that they receive and the expenditures that they make to be verified, including a duplicate of the receipt referred to in subsection 127(3) for each of those monetary contributions — at

(a) in the case of an agent other than an official agent of a candidate under the Canada Elections Act, the address recorded in the registry of parties or of electoral district associations referred to in that Act; and

(b) in the case of an official agent of a person that is a candidate under the Canada Elections Act or a nominee under the Senate Appointment Consultations Act, the agent’s address set out in the nomination papers filed under that Act when the person was a prospective candidate or nominee, or any other address that the Minister designates.

(2) Each agent to whom subsection (1) applies shall file with the Minister an information return in prescribed form and containing prescribed information. The return is to be filed within the period for the filing of a financial transactions return or an electoral campaign return, as the case may be, under the Canada Elections Act or the Senate Appointment Consultations Act.

Coordinating Amendments

127. (1) In this section, “other Act” means An Act to amend the Canada Elections Act and the Public Service Employment Act, chapter 21 of the Statutes of Canada, 2007.

(2) On the first day on which paragraphs 162(i.1) and (i.2) of the Canada Elections Act, as enacted by section 28 of the other Act, and section 46 of this Act are all in force, section 46 of this Act is replaced by the following:

46. Parts 9 to 11 of the Canada Elections Act, other than section 131 and paragraphs 15(1)(b) and 162(i.1) and (i.2), apply in respect of voting in a consultation with any adaptations that may be required.

128. (1) Subsections (2) and (3) apply if Bill C-10, introduced in the 2nd session of the 39th Parliament and entitled the Income Tax Amendments Act, 2006 (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 123(5) of the other Act and subsection 125(1) of this Act are in force, the portion of subsection 127(3) of the Income Tax Act before paragraph (a) is replaced by the following:

(3) There may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year in respect of the total of all amounts, each of which is the eligible amount of a monetary contribution made under the Canada Elections Act or the Senate Appointment Consultations Act by the taxpayer in the year to a registered party, a provincial division of a registered party, a registered association or a candidate, as those terms are defined in the Canada Elections Act, or to a nominee as that term is defined in the Senate Appointment Consultations Act,

(3) If subsection 125(1) of this Act comes into force before, or on the same day as, subsection 123(5) of the other Act, then, on the day on which the other Act receives royal assent, the replacement of the portion of subsection 127(3) of the Income Tax Act before paragraph (a) by the operation of subsection (2) applies to monetary contributions made after December 20, 2002, except that, for monetary contributions made before 2004, the reference to “to a registered party, a provincial division of a registered party, a registered association or a candidate” in subsection 127(3) of the Income Tax Act, as amended by subsection (2), is to be read as a reference to “to a registered party or a candidate”.

Coming into Force

129. (1) This Act, except Part 2 and sections 51 to 58, 112, 127 and 128, comes into force six months after the day on which it receives royal assent.

(2) Part 2 comes into force on the earlier of

(a) the expiry of one year after the day on which this Act receives royal assent, and

(b) a day, not earlier than six months after the day on which this Act receives royal assent, on which the Chief Electoral Officer publishes a notice in the Canada Gazette to the effect that the necessary preparations have been made for the application of that Part.

(3) Sections 51 to 58 come into force on the earlier of

(a) the expiry of two years after the day on which this Act receives royal assent, and

(b) a day, not earlier than six months after the day on which this Act receives royal assent, on which the Chief Electoral Officer publishes a notice in the Canada Gazette to the effect that the necessary preparations have been made for the application of sections 51 to 58.